Legal Question in Real Estate Law in Utah

Easement Rights

I have been living in my home for 2.5 years. I use a gravel road to get to my house and my garage in back of the house. The previous owner did the same. My neighbor got a suvey done recently and her property line falls in the middle of the gravel road. She had blocked the access to my garage. What are my rights? Do I need to goto court to continue to have access to my property?


Asked on 4/19/02, 2:26 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Easement Rights

You may need to go to court. If the access you have remaining is insufficient to grant access to your garage, you may be able to obtain a prescriptive easement or an easement by necessity. The details of your situation are important to understand how the law applies. In general you are entitled to an easement if it is necessary to get access to your property. However, if you have some other access, even if more inconvenient you may not be entitled to use your neighbor's property. If you, and the previous owners have used your neighbor's property for more than 20 years, you may have acquired a prescriptive easement - similar to adverse possession. You are welcome to call for a free consultation.

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Answered on 4/19/02, 1:23 pm


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